The former 'Dawson's Creek' actress filed for divorce from her husband of five years last week in New York and, according to official documents, she said their union had been over for some time.

However, sources close to Tom says Katie's version of events are baffling, telling gossip website TMZ.com he had ''no idea'' she was going to legally end their marriage.

Katie - who wants sole custody of the couple's six-year-old daughter, Suri - also claimed both she and Tom have been residents of New York for ''at least two years'', even though their main family home is in Beverly Hills, California.

The 33-year-old beauty must establish legal residency in New York in order for the court to have jurisdiction, which is something she wants because New York courts are more likely to grant her sole custody of Suri.

However, 49-year-old Tom - who also has two children, Isabella, 19, and 17-year-old Connor, with second wife Nicole Kidman - will fight the residency claim and wants the legal proceedings switched to California, where courts are more likely to grant joint custody of a child.

Since the news of the divorce was announced, Tom admitted he was ''deeply saddened'' but sources claim he will respond by filing his own divorce papers in California.